Kuwait Court of Cassation principle number 948

Works whose authors enjoy legal protection. Their nature: original works in literature, the arts and sciences, whatever their value, type, purpose of authorship or manner of expression. Article 1 of Law 64/1999 concerning intellectual property rights. - Originality of a work. It means the personal creative character imparted to it by the author, enabling it to be distinguished from other works. - The author is the person who creates the work or to whom it is attributed unless evidence to the contrary is established. - The author alone has the right to decide upon publication of his work, determine the method of publication and exploit it financially by any means of exploitation. Article 4 of Law 64/1999. - Cinematographic, broadcast and visual works are, by their nature, joint works in whose preparation more than one person participates. Conferring the status of co-author requires that the co-author's work be characterized by originality. Material tasks are not characterized as original. Article 2/1 of Law 64 of 1999. - Assessing participation in a work and determining the recurrence of fault giving rise to tort liability or its absence. A question of fact for the trial court. Condition thereof. Example: concerning the finding that the person interviewed on television is the author, his entitlement to decide upon publication of his work and determine the method of its financial exploitation, and the absence of fault giving rise to liability. Right of retention: